|7-digit IMO no.:
|Port of abandonment:
|Nias Island, Indonesia
|1 April 2023
|10 July 2023
|Reporting Member Govt. or Org.:
|No. of Seafarers:
|P&I : Maritime Mutual Insurance Association (NZ) Ltd.
Type : Asphalt/Bitumen Tanker
With the exception of one-months basic pay, wages are outstanding from 17th February 2023.
Vessel ran aground at Nias Island on 11th February 2023 with 20 Indian crewmembers on board. 17 crewmembers repatriated on 24th February 2023. Three Crewmembers Captain, Ch/off and Ch/Eng kept back for assisting local authorities with their investigation into the grounding.
|4 July 2023: Flag State informed
Contacted owners and P&I club.
|10 July 2023: Repatriation pending
|10 July 2023: Payment Pending
US$49,150 @ 30th June 2023. Additional Wages accruing daily from 1st July 2023.
|Comments and Observations:
|Other (2 October 2023)
From Alex Tinsley, Counsel (Doughty Street)
I write on behalf my above-named client whom I will refer to as Mr Salam.
Please find attached a memorandum together with a short evidence bundle, to which the square bracket references in the memorandum refer.
This case appears in the IMO Abandonment Database. In short, the Aashi ran aground offshore
Indonesia, spilling bitumen, and a dispute / negotiation has since been ongoing involving the Owner, the P&I Club Maritime Mutual, and the coastal state (Indonesia) with regard to clean-up and salvage.
In this context, my client Mr Salam has been detained (within the meaning of the IMO Fair Treatment Guidelines) in Indonesia since February 2023. The available evidence indicates that repatriation is being withheld pending further payments or financial undertakings from the Owner / its insurer.
The memorandum makes observations from the perspective of abandonment, fair treatment, and human rights more generally. The simple point is that the ongoing restriction of Mr Salam’s movement is not anchored in any current investigative need and has crossed into the concept of seafarers being “held hostage pending resolution of a financial dispute”. He is not accused and should be allowed to return home. Mr Salam was the family breadwinner for his mother, wife and 20-month-old son. The family is under financial hardship and emotional distress. I would emphasise that no legal means are being made available for Mr Salam to take proceedings to challenge this restriction before the Indonesian authorities (I act pro bono for Mr Salam in the international domain).
By this letter, I respectfully ask that you engage with the relevant stakeholders to clarify the position and urge Indonesia to allow Mr Salam’s repatriation so that he may resume supporting his family.
I would be grateful if you could revert to explain what action you will take in relation to this case.
For your information, Mr Salam has also complained of the ongoing restriction on his freedom of movement to the United Nations Special Rapporteur on the Human Rights of Migrants.
I am based in London and am available to attend the IMO to discuss if this is helpful.
ITF (27 November 2023)
3 crew members are still living in a hotel, held for further investigations.
P&I club has taken the responsibility for salvage operation and compensation of environmental damages, they have paid all the crew 4 months wages. However, Indonesian authorities won’t allow the three seafarers’ repatriation until the salvage operation is completed.
Govt. of Indonesia
To follow up an informal meeting held during the Council 129 on July 20th between Indonesia Authority and Indian Authority (attended by both high level officials) regarding the grounded MT AASHI, a follow up meeting (virtual) was held on July 28th between both member State officials, P&I and Shipowner representative, some of the key takeaways resulted from the meeting are:
1.The Owners of the vessel to revert on their decision with proposed action towards either salvaging of the subject vessel or declaring vessel as constructive total loss and as a wreck to P & I.
2.Indonesian authority will initiate lines of communication with the owners (Aashi Shipping Inc (Liberia) with regard to the salvage operation and the potential damage to the environment, including salvage operations that was stopped due to certain financial circumstances by the owner.
3.The RPSL representative will liaise with officials of Embassy of India & personally call upon officials of the Indonesian State Ministry of Environment and Forestry (MoEF) & officials of the Directorate General of Sea Transportation (DGST), Indonesia by Tuesday, 01st August 2023
4.Indonesia Authority (DGST) is in close contact with RPSL Representative and Embassy of India to facilitate and discuss with regard to the seafarers’ condition and repatriation process.
The next follow up meeting (Virtual) was agreed between Indonesia Authorities and India Authorities to be held on Friday 04th August 2023 at 1300 hours Indian Standard Time / 1430 hours Indonesia time.
Indonesia Authority (DGST) will send competent officers to Nias Island on 7th of August to conduct evaluation and verification based from the investigation reports to the seafarer’s condition, their wellbeing and the ship condition. A report of from the evaluation mission will be a basis for the repatriation and prompt release of Indian seafarers.
DGST will officially submit an investigation report of MT AASHI, after receiving supporting documents (pollution analysis) from the Ministry of Environment and Forestry